Criminal Law

Whenever the insanity defense is asserted in Indiana, the Court will appoint mental health experts to complete an evaluation of the Defendant.  The ultimate purpose of these evaluations is to determine whether the Defendant could appreciate the wrongfulness of their actions at the time the crime was committed.  If the Defendant was unable to appreciate the wrongfulness of their actions at the time the crime was committed, the conclusion is that the defendant was insane. …

Probation can be and often is a great option for people who have been convicted of a crime, especially if the prospect of jail or other executed sentence was a possibility. However, it may not always be the best option for some. Why? This blog will attempt to answer that question. Many defendants often choose probation, even if it means receiving a much lengthier sentence, because it is considered the “easier” sentence — because, again,…

Knowing how to best attack the prosecution’s case is a vital skill for any defense attorney.  As discussed previously in this blog, there are two broad types of evidence.  Typically, the state will produce either physical evidence or testimonial evidence at trial.  Both physical evidence and testimonial evidence are equally important, and it is up to either the judge or jury to determine the weight placed upon either type of evidence.  There are several cases…

There are two broad categories of evidence.  Direct evidence is evidence that stands on its own to prove a fact.  Circumstantial evidence is evidence that relies on an inference to draw a conclusion of fact.  Both types of evidence are routinely presented in criminal trials.  It is crucial to have an attorney that has experience both presenting and challenging these types of evidence. Most cases involve some form of direct evidence.  The most common type…

The statute defining murder is very simple in Indiana.  In order to convict someone of murder, the State must prove that: The Defendant; Knowingly; Killed; Another person. Can You Be Charged With Murder if You Never Killed Someone? This is by far the most common method in which individuals are charged with the intentional killing of another.  It is important to understand, however, that it is possible to be charged with murder even if you…

Interstate compacts are agreements between states to enforce a policy that is not necessarily governed by federal law. Interstate compacts are one way that states can work together to enforce a policy or regulation without the interference of the federal government. A few interstate compacts specifically affect criminal cases: the Interstate Compact for Adult Offender Supervision (ICAOS), the Interstate Corrections Compact (ICC), and the Driver License Compact (DLC). Interstate Compact for Adult Offender Supervision Currently,…

Once you are serving and/or were sentenced to a specific period, many people in society ask and wonder if there are any possible ways to reduce this specified time. Under Indiana law there is possible way to reduce this specified sentence time in certain situations. The controlling statute under Indiana law is I.C. §35-38-1-17. In general, I.C. §35-38-17 states and expresses all relevant aspects of sentence modification, the conditions associated to, and which offenders that…

After charges have been filed against a person, a judge will then determine if a person is eligible to be released. If the court determines that the arrestee does not pose a significant risk of danger to herself or others, then the court will determine a bond amount. The bond amount is based on the charges filed. To learn more about bonds specifically, see https://banksbrower.com/2019/09/16/pay-a-bond-or-pay-a-lawyer/. A judge looks to different factors to decide if the…